SENATE BILL 245

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Crystal Brantley

 

 

 

 

 

AN ACT

RELATING TO SEXUAL OFFENSES; CREATING THE CRIME OF INDECENT EXPOSURE TO A CHILD OUT OF PUBLIC VIEW; PROVIDING A PENALTY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 30, Article 9 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] INDECENT EXPOSURE TO A CHILD OUT OF PUBLIC VIEW--PENALTY.--

          A. Indecent exposure to a child out of public view consists of a person eighteen years of age or older knowingly and intentionally exposing the person's primary genital area to a child in a lewd and lascivious manner, when the person and child are in a nonpublic place.

          B. Whoever commits indecent exposure to a child out of public view is guilty of a fourth degree felony.

          C. As used in this section:

                (1) "child" means a person under eighteen years of age; and

                (2) "primary genital area" means the mons pubis, penis, testicles, mons veneris, vulva or vagina."

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